Criminal liability of a minor

My 11-year-old nephew was playing with our 9-year-old neighbor when suddenly, the
latter stabbed my nephew in the shoulder with a pen. My nephew sustained injuries.
Can we file a criminal case against our 9-year-old neighbor?

Section 6 of Republic Act (RA) 9344, otherwise known as the "Juvenile Justice and
Welfare Act of 2006" provides:

"SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age
or under at the time of the commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an intervention program pursuant to
Section 20 of this Act.

"A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless
he/she has acted with discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.

"The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws."

Based on the above-stated law, a child who is 15 years of age or under at the time of
the commission of the offense shall be exempted from criminal liability. Since your
neighbor is only 9 years old, he is exempted from criminal liability. However, Section
23 of the same Act provides for the appropriate program which the Child in Conflict
with the Law is required to undergo after he or she is found responsible for an offense
without resorting to court proceedings. To wit:

"SEC. 23. System of Diversion. - Children in conflict with the law shall undergo
diversion programs without undergoing court proceedings subject to the conditions
herein provided:

"(a) Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of
the local social welfare and development officer or other members of the LCPC shall
conduct mediation, family conferencing and conciliation and, where appropriate, adopt
indigenous modes of conflict resolution in accordance with the best interest of the child
with a view to accomplishing the objectives of restorative justice and the formulation
of a diversion program. The child and his/her family shall be present in these activities.

"(b) In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with the child
and his/her parents or guardians for the development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC;

"(c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court."

Thus, although your 9-year-old neighbor may not be criminally charged for the incident,
he or she may still be subjected to diversion proceedings, not to penalize him or her,
but rather subject him or her to a reformation process. After all, diversion is an
alternative, child-appropriate process of determining the responsibility and treatment
of a child in conflict with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal court
proceedings. (Sec. 4(i), RA 9344).